BIKE: (no subject)

Thorne jeffrey.thorne
Fri Sep 3 13:30:57 PDT 2004


Here's an interesting bit from Velonews.com which reminds me of the almost
useless (to cyclists) bike-ped bridge by Lamar and the "emergency only"
designation of the older bridge's sidewalk (not that the cyclist should've
been using that sidewalk anyway):

One of the most unusual cases in the history of bicycle law similarly occurred
in New York, in 1991, and also involved the bike lanes on the Queensboro
bridge. (People v. Gray et al) To facilitate the flow of motor vehicles, the
city moved bikes from a dedicated lane to the sidewalk, using the former bike
lane for traffic, and opened a tightly-spiraled access ramp formerly used only
by bikes to mixed traffic. Transportation Alternatives, a local advocacy
group, protested and blocked the former bike lane. After being arrested, they
dispersed without incident. At trial, they pled not guilty to disorderly
conduct by reason of necessity, claiming their action was necessary to prevent
a greater evil. The judge explained their defense: 
Through their testimony and that of their experts . . . it was clear that
these defendants were motivated by the desire to prevent what they called the
"asphyxiation of New York" by automobile related pollution . . .they also
acted to prevent serious injuries to those individuals who continued to
alternative forms of transportation on the bridge.
And the judge bought it! 
  
"In this case . . . it is clear that defendants chose the correct societal
value. It is beyond question that both the death and illness of New Yorkers as
a result of additional air pollution, and the danger to cyclists and
pedestrians posed by vehicles on the south [approach ramp] are far greater
harms than that created by the violation of disorderly conduct. 

A more difficult issue is whether the defendants' perception of harm was
reasonable . . . The only road open to bicyclists and pedestrians is now
practically inaccessible to them during the hours most critical to their
return home. [The DOT's own study acknowledges] that the current level of
bicycle ridership in New York City is indicative only of those individuals who
are so dedicated to cycling that they are willing to utilize a transportation
system that has been shaped for decades without provision for them . . . 

The defendants are therefore acquitted and released."

http://www.velonews.com/news/fea/6886.0.html




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